USCIS memo says temporary US visitors must generally use consular processing for green cards
Key points
- USCIS issued a May 22, 2026 policy memo requiring nonimmigrants seeking green cards to generally use consular processing abroad
- The memo reiterates long-standing law and immigration court precedent rather than creating new rules
- In-country adjustment of status will be granted only in extraordinary circumstances; three nonimmigrant categories face stricter scrutiny
USCIS issued a policy memo on May 22, 2026 stating that nonimmigrants temporarily in the US seeking a green card must do so through consular processing abroad. The memo reiterates existing law and immigration court precedent rather than creating new rules. An agency spokesman said in-country adjustment of status will be granted only in extraordinary circumstances, with case-by-case review. The memo lists three categories of nonimmigrants who will face stricter scrutiny.
What employers should do
- Review green card pathways for nonimmigrant employees and assess whether consular processing is needed
- Confirm with immigration counsel the review risk for pending in-country adjustment of status cases
Policy details
- Jurisdiction
- United States (federal)
- Status
- In effect
- Effective date
- —
- Official source
- View official source ↗
Original report: Legit News ↗AI-assisted brief; may contain inaccuracies. Rely on the original reports and official documents. For information only; not legal, immigration or insurance advice.